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Poster: Truth Johnny Date: Mar 8, 2007 12:54am
Forum: movies Subject: What are the rules for using audio from Public Domain movies?

Am I wrong to believe that audio (voiceover, sound effects, music) from Public Domain movies is ok to use in new films?

You’d think, say, music composed for the film is Public Domain but what about a song licensed to use in the film? Or a music performance on film? Would either use be in Public Domain?

best,
tj


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Poster: Telephone Toughguy Date: Mar 14, 2007 9:23am
Forum: movies Subject: Re: What are the rules for using audio from Public Domain movies?

I have researched this and found discouraging results. Apparently even if a film is in public domain, no such thing exists for audio recordings? Still trying to figure it out...

http://www.pdinfo.com/record.htm
http://en.wikipedia.org/wiki/Wikipedia:Public_domain



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Poster: Administrator, Curator, or StaffBridgewater Video Date: Mar 14, 2007 9:28am
Forum: movies Subject: Re: What are the rules for using audio from Public Domain movies?

Hello TJ. I don't work for the Archive, and I AM NOT A LAWYER, but as a video producer I have asked many of the same questions you are. I have found that copyright is hard to pin down, there are few easy answers. It is all in the details, and you are asking general questions. You asked "Am I wrong to believe that audio (voiceover, sound effects, music) from Public Domain movies is ok to use in new films?"....... A movie that is "truly public domain" can be cut to pieces for sound and video and you can just have fun. If I went into the Prelinger Archive and the clip said "Public domain" I would trust it and take my sound clip from it and have fun. If the clip is on the Open Source Archive I might not trust the "Public Domain" label. If I see an episode of a recent TV show posted by the public in open source I would hesitate to use it till I was sure it is in Public domain.....You Asked "You’d think, say, music composed for the film is Public Domain but what about a song licensed to use in the film? Or a music performance on film? Would either use be in Public Domain?"..........That is a very general question. I would answer it this way. Lets make up a movie for our discussion. Lets say we are talking about a Elvis Movie. If the movie is now truly public domain you might be able to use the version of a song from the film, complete with background noise and other complications. However, the song itself might not be public domain. If I have the Elvis album with the same song I can't use the music from the album. If I try to have my band play the song I may find that the person who wrote the song still holds copyright. AGAIN, I AM NOT A LAWYER, But if you would like to be more specific about which sound or song we are talking about perhaps I could give a better answer. Perhaps a link to the clip you wish to use for sound? Best of luck on your new film.

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Poster: Truth Johnny Date: Jun 22, 2007 11:04pm
Forum: movies Subject: Re: What are the rules for using audio from Public Domain movies?

Sorry, it's been a while since I posted.

However, the music I referred to was Stardust in the film Peeping Tom's Paradise, which is Public Domain.

I want to take the music from the film to use in my film and was hoping it, as is the visuals in the film, in Public Domain.

best,
tj

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Poster: Administrator, Curator, or StaffBridgewater Video Date: Jun 25, 2007 1:20pm
Forum: movies Subject: Re: What are the rules for using audio from Public Domain movies?

Hello TJ. First I must write/say the words....."I don't work for the Archive, and I AM NOT A LAWYER....Talk to a lawyer for legal counsel before you act". I am sure the following comments will make most lawyers cringe. My first thought is, if in doubt - don't use the music. The next comment would be that I trust the "Prelinger Archive" portion of the "Internet Archive" as a source, so I would probably use the music if I was going to produce a simple video for fun and post it on the Archive or Youtube. If you are producing a video for resale, I would really hesitate to use music if I was unsure of it's original source. My first step would be to ID the music. I have heard of a program recently that can take a few notes of music and the program can ID the song. Perhaps another Archive user may know the name of the ID program, sorry, I don't. I would also suggest that the only version of the music that might be public domain would be the version taken directly from the film. A cut of the same song from an album/tape/CD/DVD is not the same. It may have been re-released years later and have a different copyright date....... I would be more likely to believe you will not find a record of copyright on the music. Low budget film producers had the same problems years ago that they have today. It is likely that the films producer used a music cut produced locally by a local band so he didn't have to worry about getting sued........In the long run, I would say if you are still in doubt.....don't use the music....better safe than sorry.

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Poster: adisonedu Date: Sep 26, 2007 4:48pm
Forum: movies Subject: Re: What are the rules for using audio from Public Domain movies?

I beleive that the music from a public domain movie can be used in other formats unless the music itself is not labeled as public domain.

The music may not have been made just for the movie and unless it was produced before 1922 it is someone's music. You are playing in a highly legal grey area, tread lightly.

Preston - http://www.adison.edu